Michael Daly

2 months ago | jdsupra.com | Matthew Adler |Michael Daly

The FTC recently amended its negative option rule (NOR), and most of its provisions are scheduled to take effect on May 14. The amended rule applies to any “negative option feature,” which is broadly defined as “a provision of a contract under which the consumer’s silence or failure to take affirmative action to reject a good or service or to cancel the agreement is interpreted . . .

Oct 7, 2024 | onlinelibrary.wiley.com | Michael Daly |Eric Robinson

What is already known? Poor psychological well-being is associated with increased risk of developing overweight and obesity. There is a dearth of evidence on whether better psychological well-being is associated with overweight and obesity reversal. What does this study add? Better child mental health and psychosocial well-being at age 11 years, but not age 14 years, are associated with overweight and obesity reversal at age 17 years.

Sep 17, 2024 | jdsupra.com | Matthew Adler |Michael Daly |Emanuel McMiller

A Texas federal court recently granted summary judgment for the defendant in a TCPA putative class action, finding that prerecorded calls to schedule a pest inspection were informational rather than telemarketing. Bradford v. Sovereign Pest Control of TX, Inc., No. 4:23-cv-00675, 2024 WL 3851229 (S.D. Tex. Aug. 10, 2024).

Dec 21, 2023 | jdsupra.com | Michael Daly |Katrina Meyer |William Wright

The United States District Court for the District of Oregon recently issued a significant opinion regarding the legal framework for certifying Do-Not-Call claims. See Mattson v. New Penn Financial LLC, 2023 WL 8452659 (D. Or. 2023). The genesis of the case was the alleged receipt of unsolicited calls to a cellphone number listed on the National Do-Not-Call Registry.

Dec 5, 2023 | jdsupra.com | Michael Daly |Anthony F Jankoski |Andrew Scarafile

Two recent rulings in Klassen v. Solid Quote LLC, No. 23-0318, 2023 WL 7544185 (D. Colo. Nov. 14, 2023), and Sowders v. Scratch Financial, Inc., No. 23-0056, 2023 WL 7525900 (S.D. Ohio Nov. 14, 2023), emphasize the need to challenge overbroad and unascertainable class definitions in TCPA suits. In both cases, the defendants’ motions to dismiss resulted in rulings that effectively narrowed the plaintiffs’ proposed classes.